CRITICAL INFRASTRUCTURE BILL 2015

For a long time planning, design, deployment and management of critical infrastructure
assets in Kenya was largely uncoordinated and led to massive losses experienced by the
Government and private sector players through structural damage and cost of reworks.
Its against this backdrop that the Critical Infrastructure Bill was formulated. Through a
consultative process spearheaded by the Ministries of Information, Communications, and
Technology (ICT) Transport and Infrastructure and Energy and Petroleum. Stakeholders in
the sector namely; Safaricom, Liquid Telecom, MTN Business, Kenya Urban Roads
Authority, KENGEN, Kenya Power, Kenya National Highways Authority and Global Alliance
on Accessible Technologies and Environments (GAATES) were engaged with the general
public in generating the bill.
The Critical Infrastructure Protection Bill was enacted into law in September 2015.
The bill provides for the establishment of the Critical Infrastructure Protection Unit to coordinate and strengthen source ministries on matters relating to the protection of Critical
Infrastructure and for connected purposes.
Previously deployment, maintenance, and protection of Critical Infrastructure were done
in an independent and uncoordinated manner leading to disruption of essential services
and losses due to accidental damage. This was further cemented by man-made activities
such as vandalism, terrorism, inadequate penalties for offenses in the sectors and an
overall lack of skilled workforce to support the protection of critical infrastructure
The Bill defines Critical Infrastructure as physical and virtual assets or facilities, owned
privately or publicly, which are designated as essential to the provision of vital services to
Kenyans for their social and economic wellbeing, and which if destroyed, degraded or
rendered unavailable, would impact on the social or economic well-being of the nation or
affect Kenyas ability to conduct national defense and security.
The Assets Include:
Electricity Subsector
a)

Power Lines

b)

Substations

c)

Off-grid generation stations

d)
e)

Repeater stations
Data centers

Roads and Infrastructure Subsector

a)

Road furniture

b)

Street lights

c)

Traffic lights

d)

Rails

e)

Roads

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f)

Road Corridors Information

Information, Communications and Technology Sector

a)

Fiber Optic Cable

b)

Submarine Cables

c) Telecommunication apparatus or Telecommunication line, post or other things

whatsoever, being part of or used in or about any licensed telecommunication system or
in the use thereof.
D)

Data Centers

Security Sector
a)

Security Cameras

b)

Power Unit encased in IP54, hosting batteries, and routers

c)

Power box with KPLC meter and cutout

d)

High Definition cameras (configuration varies depending on the location of the pole

e)

Strobe lights on ANPR (Automatic Number Plate Recognition) poles

f)

6m high galvanized (85microns) steel pole.

Energy Sector
Oil Pipelines
a)

Spur lines and flow lines

b)

Control Rooms

c)

Petroleum Products Storage Tanks

d)

Pump stations and auxiliary equipment

e)

Cathodic Protection Equipment

f)

Fiber optic

g)

Radio networks

The Critical Infrastructure Owner means a private or public entity that has beneficial
ownership or control of Critical Infrastructure Assets
MANDATE
To achieve sets goals outlined in the bill sets provisions for the set up of two intertwined
units

CRITICAL INFRASTRUCTURE BILL 2015

i.

Critical Infrastructure Committee

ii.

Critical Infrastructure Protection Unit

Critical Infrastructure Committee

The committee shall be composed of:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.

A director
Principal Secretary- Finance
Principal Secretary- Security
Principal Secretary- Energy & Petroleum
Principal Secretary- Transport and Infrastructure
Principal Secretary-Information Communication and Technology
Attorney General
Nominee from the Council of Governors
4 persons nominated by the CS relating to the sectoral areas

As per critical infrastructure units the committee shall be responsible for:

a) Formulating policy guidelines on critical infrastructure protection in consultation with
other source ministries
b)

Formulate strategies and measures for the protection of critical infrastructure

c) Advising and making recommendations to the Cabinet Secretary on matters relating

to critical infrastructure
Critical Infrastructure Protection Unit
The Unit shall be composed of
i.

A Director

ii.

Staff appointed by the CS in consultation with the committee

The unit,s primary roles are:

a)

Identify and designate critical infrastructure assets

b)

Implement strategies and measures for the protection of critical infrastructure

a) Establish an integrated database of information on critical infrastructure The Units

is empowered to require from any party any information on CCTV, building plans, maps
for inclusion in the data register
c)

Oversee the implementation of the provisions of the Act

d)

Maintain a log of all the assets and locations declared as critical infrastructure

e) Coordinate the planning, development and implementation of security measures and

strategies for the protection of critical infrastructure

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f) Conduct research and gap analysis to ensure continuous development in matters
relating critical infrastructure
g)

Prepare and implement key infrastructure programs

h)

Categorize and register different classes of critical infrastructure

i)

Deploy relevant security measures for the protection of critical infrastructure

j) Advise and make recommendations to the Committee on matters relating to critical

infrastructure
k)

Perform any other function related to the implementation of this Act.

The Place of Devolution in the Bill

Under section 32 of the Bill offers the following support:
a) Putting forward the county assets that meet the requirement of the bill for
designation as critical Infrastructure Assets
b) Providing the Critical Infrastructure Protection Unit with the maps regarding the
location of the Critical Infrastructure Assets
c) The county to prepare and submit the county plans for the development and
deployment of Critical Infrastructure Assets within the county with the Unit including any
updates and to support the Unit in the implementation of its mandate at the county level
in the implementation of plans and designs for critical infrastructure at the county.
ENFORCEMENT OF THE BILL
The act labels offenses such as interference with, vandalizing or damaging, stealing
putting up a structure above or beneath, dumping soil or garbage on, excavating quarries
next to, burning waste matter on or next to, burning the critical infrastructure as
punishable offenses.
Convicted persons are liable to pay a fine not less than five million shillings or
incarceration for a period, not less than ten years or both.
Conspiracy to commit the offenses discussed above, either by incitement or abatement is
equally an offense and the punishment is the same
Hindering, obstructing or interfering with the exercise of Critical Infrastructure Owner
powers is an offense punishable by a fine not exceeding one hundred thousand shillings
for each day or part thereof that the obstruction occurs or continues.
Non- compliance with the Bill by an owner of the Critical Infrastructure even after being
accorded the opportunity to remedy or make representation before the unit is an offense
and that is punishable by fine not exceeding two million Kenya shillings
.